Madden v. Hicks et al

Filing 14

ORDER VACATING 7 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to Obey Court Order and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 7/9/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN P. MADDEN,

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Plaintiff,

ORDER VACATING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF ACTION FOR FAILURE TO
OBEY COURT ORDER AND FAILURE TO
PROSECUTE

Defendants.

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Case No. 1:18-cv-00255-DAD-BAM (PC)

(ECF No. 7)

v.
HICKS, et al.,

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Plaintiff Ryan P. Madden (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 22, 2018, the Court issued findings and recommendations to dismiss this action,

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without prejudice, for failure to obey court orders and failure to prosecute, due to Plaintiff’s

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failure to consent to or decline Magistrate Judge jurisdiction. (ECF No. 7.) On June 7, 2018,

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Plaintiff filed his consent to jurisdiction of a United States Magistrate Judge and objections to the

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pending findings and recommendations. (ECF Nos. 8, 9.) However, both filings were stricken

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because they lacked Plaintiff’s signature, as required by Federal Rule of Civil Procedure 11(a)

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and Local Rule 131. The Court provided Plaintiff an opportunity to resubmit his objections and

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his consent or declination of Magistrate Judge jurisdiction, with the appropriate signatures. (ECF

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No. 10.)

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Currently before the Court are Plaintiff’s objections to the findings and recommendations

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and consent to Magistrate Judge jurisdiction, filed July 2, 2018. (ECF Nos. 12, 13.) Plaintiff

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states that he apologizes for his failure to complete his consent form and to sign the form after

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completing it, and he has obtained the help of a paralegal to help him keep track of all pleadings,

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court dates, and orders going forward in this action. (Id.)

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As Plaintiff has responded to the Court’s order regarding his consent or declination of

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Magistrate Judge jurisdiction, and in light of Plaintiff’s pro se status, the Court finds that Plaintiff

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has demonstrated his intent to prosecute this action.

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Accordingly, the Court HEREBY ORDERS that the findings and recommendations to

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dismiss this action for failure to obey a court order and failure to prosecute, (ECF No. 7), are

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VACATED. Plaintiff’s complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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